PREM PRAKASH MUNDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These four appeals arise out of the same judgment of the Rajasthan High Court in D.B. Criminal Reference No. 1/89 and D.B. Criminal Appeal No. 14/89. Criminal Appeals Nos. 666-67/90 are filed by the father of deceased Babloo for whose murder the respondent-Bhagirath and one Gopal were tried. The other appeals are filed by the State. In all these appeals, the acquittal of Bhagirath for the offence punishable under Section 302, I.P.C. is called in question.

(2.) The charge against Bhagirath was that as he was removed from service by Prem Prakash Mundra, he bore a grudge against Prem Prakash and by way of revenge, he kidnapped his son Babloo on 2-9-1986 at about 6.00 p.m. and subsequently killed him and buried the dead body near the Rudreshwar Mahadev temple on the river bank. It was also alleged that he committed those acts along with co-accused Gopal. The prosecution examined some witnesses to prove that they had seen Bhagirath taking Babloo on a cycle. There was no direct evidence to prove the murder.

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